The $107 Million Asbestos Verdict Revoked Following Misconduct Discovery

In a significant asbestos case heard in the Superior Court of California, County of Los Angeles, a substantial $107 million verdict against Union Carbide Corp., Elementis Chemicals Inc., and E.F. Brady Inc. was overturned due to discovered misconduct involving jurors and the plaintiff's legal representation.


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The lawsuit was initiated by Joel Hernandezcueva, who claimed that his exposure to asbestos during renovation work at a mixed-use development resulted in his mesothelioma diagnosis.

This case underwent a series of legal proceedings, culminating in a trial in 2013 after Hernandezcueva's passing. While the initial trial outcomes favored the defendants, Hernandezcueva's family successfully appealed, leading to a new two-phase trial held in the summer of 2023.

 

The $107 Million Asbestos Verdict Revoked Following Misconduct Discovery

 

This trial concluded with a substantial award of $32 million in compensatory damages and $75 million in punitive damages in favor of the plaintiffs.

However, following this verdict, the defendants filed a joint motion, contesting the excessive damages and alleging juror misconduct.

The motion brought forward troubling testimonies from jurors detailing misconduct within the jury deliberations.

This included claims of a non-compliant "quotient verdict" method being applied and the concealment of information by a juror during voir dire, which significantly impacted the trial process.

Plaintiffs conceded to the jurors' conduct but argued that it did not unduly prejudice the final verdict. Nonetheless, the court found instances of misconduct by jurors and the plaintiff's legal representation.

This encompassed disregarding vital evidence, making inflammatory arguments, and introducing causation testimony blocked by pretrial rulings.

Moreover, the court noted a lack of substantial evidence linking the defendants' products directly to Hernandezcueva's mesothelioma. Critical aspects of the evidence presented at trial failed to establish clear causation between the products and the diagnosis. The defendants argued that the evidence left the jury to speculate about the specific asbestos-containing compounds used, leading to an insufficient foundation for the verdict.

Additionally, the court scrutinized the awarded damages, especially the punitive damages, deeming them excessive. The court highlighted that the survival claim belonged to Hernandezcueva's wife, not his children, indicating an error in the allocation of damages. The court expressed concerns over the extraordinarily high punitive damages, stating there was no substantial evidence to justify such an astronomical amount.

Consequently, the court granted the defendants' motion for judgment notwithstanding the verdict, effectively overturning the entire verdict. This decision is subject to potential further legal proceedings, and the Asbestos Case Tracker will monitor any subsequent appeals filed by the plaintiffs in the California Court of Appeals.


Source: https://www.jdsupra.com/legalnews/107-million-asbestos-verdict-set-aside-7810121/



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